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HARRIS v. STIMAC

No. CA 93 2289.

653 So.2d 15 (1995)

Pamela Russell HARRIS, Individually and on Behalf of Jamie Mascarella v. Jeremy STIMAC, The State of Louisiana, Through the Department of Public Safety and Corrections, and Ann Stimac.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 2, 1995.

Attorney(s) appearing for the Case

Victor L. Marcello, Gonzales, for plaintiffs/appellants, Pamela Harris and Jamie Mascarella.

Stanford O. Bardwell, Jr., Baton Rouge, for defendant/appellee, State.

Arthur H. Andrews, Baton Rouge, for defendant, Safeco Ins. Co.

Before SHORTESS, FOIL, GONZALES, WHIPPLE and KUHN, JJ.

WHIPPLE, Judge.

This is an appeal by plaintiffs, Pamela Russell Harris and Jamie Mascarella, from a judgment of the trial court granting summary judgment in favor of the State of Louisiana, through the Department of Public Safety and Corrections (the DPSC). For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

This case involves an accidental shooting. At the time of the accident, Jeremy Wendt, then age fifteen, was in the legal custody...

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